HomeMy WebLinkAbout1999-12-16 ResolutionPrepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 99-431
RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION.
WHEREAS, the City of Iowa City acquired a parcel of property through condemnation known as
the Iowa City Mobile Home Park; and
WHEREAS, the owner of the Iowa City Mobile Home Park, Detlef Schellin, filed a Declaratory
Judgment action against the City of Iowa City challenging whether the City had a public purpose
for acquiring the entire parcel through condemnation; and
WHEREAS, the City of Iowa City subsequently filed a counterclaim against Mr. Schellin to recover
rents and security deposits which were owed to the Airport following the acquisition of the
mobile home park; and
WHEREAS, the parties have agreed to resolve this matter by dismissing their respective claims.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The above named litigation should be and is hereby settled as discussed in executive session
as follows: In exchange for Detlef Schellin dismissing with prejudice the case of Detlef
Schellin v. City of Iowa City, EQCV059495, filed in the Iowa District Court in and for Johnson
County, the City of Iowa City will dismiss with prejudice its counterclaims filed in the same
case.
City Council for the City of Iowa City hereby approves such settlement as being in the best
interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by
law, and confirms that said settlement is hereby ratified, contingent upon Detlef Schellin's
dismissal with prejudice of the lawsuit entitled Detlef Schellin v. City of Iowa City, case number
EQCV059495, filed in the Iowa District Court in and for Johnson County.
Passed and approved this 16th
ATTEST: ;~ i~-/-4t- ~
CI~ CLERK
day of December ,1999.
'
Ap~v__~,~
City Attomey's Office
Resolution No. 99-431
Page 2
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
Vanderhoef the Resolution be
ABSENT:
Champion
X Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef